Park v. Attorney General United States, No. 16-1795 (3d Cir. 2017)Annotate this Case
Park, a citizen of South Korea, was ordered removed in 2009, in part for submitting fraudulent documents in support of his visa application. He claims that he subsequently became eligible for a “section 212(i)” waiver of inadmissibility. Because of the passage of time, the Board of Immigration Appeals could only reopen his removal proceedings through 8 C.F.R. 1003.2(a), the “sua sponte” reopening provision. The BIA employs that provision only in extraordinary circumstances; its discretion is broad. Park argued that the BIA has consistently reopened sua sponte for aliens who have become eligible for relief from removal after their cases have ended, thus establishing a “settled course of adjudication” that it is now bound to follow. The Third Circuit dismissed Park’s petition for lack of jurisdiction. Park neither showed nor established a reasonable inference that the BIA has constrained its discretion in a way that would allow judicial review of its decision denying sua sponte reopening.